City of Davis

Here We Go Again: Souza and Saylor Make Another Attempt at Council Rules For Sanction

citycatCouncilmember Stephen Souza and Mayor Pro Tem Don Saylor have introduced an item submitted by council that will amend both the “Council Meeting Ground Rules” and “Procedures Manual for Council Members” to add language regarding enforcement for non-observation of the rules.

When they last attempted the new council rules for sanction, they were soundly slapped down by many in the community including Davis Enterprise Columnist Bob Dunning arguing that the rules went too far and became tantamount toward stifling minority dissent under the guise of civility.

Who Becomes Mayor Next Year?

saylor_webThe Davis Enterprise ran an article on Thursday that certainly did not clear up that issue.  However, we do know that Don Saylor will serve as Mayor and on the City Council until at least the end of December 2010, which means that any belief that he would be replaced in the November Election is wishful thinking at best.

Mr. Saylor is running uncontested for a seat on the Yolo County Board of Supervisors.  He will be seated on January 3 at which point in time he would have to give up his seat.

Judge Denies Whitcombe His Motion to Change Title of Measure R

covell_villageYolo County Superior Court Judge David Reed ruled against attempts by Joseph Whitcombe to change the ballot language on Measure R and denied the temporary injunction.  According to Judge Reed, the language in Measure J had used the same title, it was approved back then, and has remained on the books for ten years. 

While the argument by the petitioner claimed that the title does not describe the measure accurately, the title need only be a title, and a way to a reference. The court finds that there is insufficient evidence of false or misleading language, therefore the request is denied

Developing Story: Whitcombe Challenges Measure R Ballot Title

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In a late breaking story yesterday, the Vanguard learned that Joseph Whitcombe has filed a suit in Yolo Superior Court against the city of Davis regarding the language of Measure R, which will renew Measure J, originally approved in 2000.  According to our sources, the main challenge is to the title, “The Citizen’s Right to Vote on Future Uses of Open Space and Agricultural Lands.”

It is unclear what the problem is with the title, which is the same as it was back in 2000 when the measure was on the ballot as Measure J.

Is There a Fight on For the Renewal of Measure J (Now Measure R)?

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One of the interesting questions that has emerged in the post-filing period for city elections is whether there is going to be a battle for the renewal of Measure J, which will be on the ballot as Measure R. 

It is worth noting that the ballot measure that requires a vote for land use changes and incorporation of open space and agricultural land into urban uses is so synonymous with its previous ballot designation, that the city will now be forced to have to adopt it’s common reference of Measure J.  Will it continued to be called Measure J or it’s actual name, the “Citizens’ Right to Vote on Future Use of Open Space and Agricultural Lands?”

Analysis: Emlen and Navazio’s Commentary Papers Over Key Problems For City

emlen_billIn Sunday’s Davis Enterprise, City Manager Bill Emlen and Finance Director Paul Navazio address the city’s current fiscal status.  While we wish to encourage the city manager and his staff to continue to communicate with the public, we feel it needs to be a dialogue rather than a monologue.  As such, this article seeks to respond to some of their comments where we believe that the city manager and finance director have papered over key problems and avoided responsibility for the current fiscal crisis.

Mr. Emlen and Mr. Navazio write, “The recession has resulted in a decline in tax revenues available to support public services, ranging from public safety to education, social services and basic infrastructure.”  However, the striking feature of the most serious problems in the city, is that they are of our own creation.

Council and City Get a Unique Introduction to Council Candidate Daniel Watts

james-wattsThose either in attendance on Tuesday night at the Davis City Council meeting or watching on TV got a unique introduction to Council Candidate Daniel Watts.  In his ballot statement he states flatly that Davis City Government is broken and he will fix it.  That may be a raison d’etre for the Davis Vanguard, however, Mr. Watts apparently has something very different in mind and he means it.

He states in his ballot statement, “Repeal unconstitutional ordinances banning “annoying” conduct and “bawdy” language (Municipal Code Sections 26.01.010 and 26.01.100).”  Audiences on Tuesday would get a sense for exactly what Mr. Watts means by that.  It turns out, according to City Attorney Harriet Steiner, he was at least partially correct.

Federal Court Judge Denies NewPath’s Motion for Preliminary Injunction

newpathtowerFederal District Court Judge Garland Burrell quickly denied NewPath’s motion for a preliminary injunction.  The ruling is tentative and NewPath could attempt to argue and convince the judge to change his mind, but given the rationale by the judge, it seems highly unlikely that he would.

In part, in order to prevail on a preliminary injunction, the plaintiff has to show not only irreparable harm from changing the status quo, but also that they are likely to prevail in the ultimate litigation.  The Judge ruled that there is no evidence that shows that they are likely to prevail.  He concluded, “Since NewPath has not made a “clear showing” that it is entitled to the preliminary injunctive relief it seeks, NewPath’s motion for a preliminary injunction is DENIED.”

Five Candidates For Davis City Council

citycatIn 2008, Davis elected three incumbents to the Davis City Council, meaning that the Davis City Council from 2008 to 2010 would be the same as the one from 2006 to 2008.  That will not be the case this year, as neither Mayor Ruth Asmundson nor Councilmember Lamar Heystek will seek re-election.

Moreover, Mayor Pro Tem Don Saylor who will be Mayor in June, will leave the council at the end of the year as he is now Supervisor Elect Don Saylor having not drawn an opponent for the June election.  He will be seated in January.  Most likely, that will mean the new council will have to appoint a new mayor and a new councilmember, which should make for some interesting times.

 

Vanguard Analysis and Commentary on Ballot Arguments Submitted for the Sales Tax Measure

citycatYesterday we looked at the new Measure J arguments and impartial analysis including the ballot argument against Measure R (2010’s Measure J).  Today we will examine the sales tax measure.

As we have previously argued, back in 2004 when the original half-cent sales tax measure was proposed, the city had told the public that this measure would ensure continued city services and it looked at a variety of expansions of city services.  The city argued at the time that without passage of this measure, there would be a huge cutback in the provision of services.

Campaign Issue: Process, Process, Process

citycatBy E.A. Roberts –

The upcoming Davis City Council race is shaping up to be an interesting one. Lamar Heystek has elected not to run again, as has current Mayor Ruth Asmundson. Don Saylor may give up his seat and position as Mayor Pro-Tem on the City Council if he becomes a County Supervisor. Even Sue Greenwald was toying with the idea of running against Don Saylor for County Supervisor. It is almost as if the incumbents are deserting a sinking ship!

There has been much talk about the crushing workload of City Council members, for virtually no pay; and the partisan bickering with colleagues that makes sitting on the City Council particularly unpleasant. Essentially it has been posited that being on the City Council is a thankless job, with little in the way of rewards. That is unless a Council member has higher political aspirations, and is using his/her seat on the City Council as a launching pad to bigger and better things.

Whitcombe’s Son Signs Ballot Statement Against Measure J Renewal

Vanguard Examines Measure R Ballot Statements –

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Friday was the deadline for ballot statements in the two Measures that will be on the ballot for Davis voters.  Today we will look at Measure R, which is the new Measure J’s designation.

Given the popularity of Davis seminal land use ordinance which requires voter approval on projects that the Council has approved which would convert agricultural land to urban uses, and to develop any land which is outside of the current boundaries of the city.

A Closer Look At City’s Reorganization Plan

citycatAs we reported yesterday, due to the decision by council to attempt actually craft and wordsmith a development agreement at Willowbank rather than having staff make changes and come back to council for approval, the city has put off discussion of a reorganization plan and the budget for two more weeks.

While from a policy standpoint this is unfortunate, it does allow us time to evaluate both the proposed budget and organizational changes proposed by City Manager Bill Emlen.

City Priorities Off as Development Prioritized Over Urgent Budget Crisis

citycatCouncil Rams Through Development by 3-2 Vote While Re-Writing It From the Dais –

Last night, the Davis City Council spent three hours changing the development at Willowbank on the fly.  Developers and city staff came forward with some last second changes to close the gap between developers and neighbors.  However, there were still outstanding issues that remained.  Nevertheless the city council through a series of 3-2 votes with Councilmembers Sue Greenwald and Lamar Heystek dissenting, approved the Willowbank Development with new proposals and new language.

One of the key new provisions was the incorporation of townhouses into one of the design features rather than standalone homes.  Everyone found the proposal intriguing, but Councilmember Sue Greenwald and Lamar Heystek repeatedly asked for a more concrete proposal before approval.  When the council proceeded to push through the item anyway, they voted against the project.

Heystek Introduces Strong Hate Crimes Resolution

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In an unusual move, Councilmember Lamar Heystek went to the podium during public comment to read his hate crime resolution into the record.  He wanted to introduce the measure at 7 pm during public comment rather than the anticipated 11 pm or midnight when it would have been introduced had he followed normal protocol and introduced it during long range calendar items. 

Mr. Heystek urged the council to act quickly in light of the most recent hate attack on campus Monday, in which a fifth swastika was found on the UC Davis Campus.

Co-Op Board Unanimously Rejects Boycott of Israel

DavisFoodCoopIt had become a burning issue within a segment of the Davis Community, a proposed initiative that would authorize a Co-Op boycott of products made in Israel.  Ultimately, the board has unanimously rejected such a boycott in a strongly worded resolution.

Among the reasons the resolution cites is that even the talk of the boycott has brought about disruption of the everyday business of the Davis Food Co-Op (DFC):

Hess Out As Community Development Director

citycatThe rumors had been flying for two weeks from reliable sources that Community Development Director Katherine Hess would be making some sort of a lateral move out of the Community Development Department.  The rumors heated up last week but City Manager Bill Emlen did not return calls from the Vanguard on Friday.

The Davis Enterprise however, reported this development buried deep within their story on the proposed elimination of the Recreation and Parks Department as a way to close a 1.7 million dollar hole in the 2010/11 budget.

City Proposes Elimination of Parks and General Services Department As Means of Reducing Ongoing Deficit

citycatThe failure of the city to properly create the type of ongoing savings needed to balance its budget during the contract negotiations and the newly signed MOUs with the bargaining units, now means the wholesale elimination of departments and positions within the departments.

The city will have a budget workshop on Tuesday where it will fully discuss the options for reducing what is now being characterized as a 1.7 million dollar deficit, one million of which is on-going structure and an additional 785,000 dollars are due to the fact that the city used the reserves a month ago to close the deficit left by the failure to achieve all the savings needed in the MOU process along with the fact that the city’s budget assumptions were too rosy on the revenue side last June.

Commentary: Time For Councilmembers To Be Paid For Their Service To Our Community

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When Lamar Heystek announced on Friday for a second time, “the decision I announced on October 17, 2009 stands” it was a huge blow to those in the city of Davis who have been fighting for fiscal responsibility, against special monied interests, and against future sprawl development.

While many will undoubtedly come to support his decision to focus on his future marriage and family, from a public policy standpoint in Davis it points out a glaring problem in our system, as it is a system that if it does not completely preclude young councilmembers with young families, it certainly puts a huge strain on them.

Heystek: “The Decision I Announced on October 17, 2009 Stands”

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Lamar Heystek announced this afternoon at 4:30 pm in vestibule outside of the Community Chambers that his decision from October stood and he will not seek re-election.  He thanked the outpouring of support from community members who signed the “Draft Lamar” petition.  He said that this was a difficult decision the past two weeks, but he is placing his private life over his public life.  He was surrounded by a small contingent of supporters, his father, his brother Louis, and his fiance Pui San.

Lamar Heystek had originally announced his decision not to run in October citing at that time family concerns.  However in recent weeks a group of citizens launched a petition to encourage him to re-think his decision.